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Competition law developments in 2022

While 2022 revolved around new and improved regulatory tools, the focus in 2023 will be on putting these tools to use. More merger-related obligations, digital sector scrutiny and clarity on competition-law and consumer-law aspects is imminent.

Get ready for more action! Dutch investment screening continues to evolve

Dutch investment screening is rapidly expanding: since June, the proposal for a separate defence regime has been published and the intended expansion of the regime of the Vifo Act to include AI and biotech has been announced. Reason for a quick update!

Court rules ACM can use accidental evidence found in dawn raids

While skimming through employees’ chat conversations and e-mails, it is not uncommon for competition authorities to stumble across other potential antitrust violations, separate from the initial scope of the search.

Stibbe advises Infranity

Stibbe advises Infranity on its investment in Energy Solutions Group (ESG).

Stibbe advised on the transformative restructuring of the Frigoglass Group

Stibbe advised Frigoglass on the consensual recapitalisation and financial restructuring of Frigoglass S.A.I.C. and the group of companies formerly controlled by it (the “Frigoglass Group”).

Stibbe advises creditors of the Keter Group on its debt extension transaction

Stibbe has advised a group of senior lenders to the Keter Group on the successful completion of a transaction that includes maturity extensions of the Group’s senior and holdco PIK facilities.

Say cheese! Are your distribution agreements picture-perfect?

Suppliers and distributors should double-check their agreements. The European Court of Justice has provided guidance for the assessment of exclusive distribution agreements.

Gegevensbescherming in faillissement: uitdagingen voor de curator

In faillissement dient rechtmatig omgegaan te worden met persoonsgegevens. In de praktijk leidt dat tot uitdagingen voor de curator.

Abuse: an access request you can’t refuse?

The European Court of Justice has confirmed that the essential facilities test is limited to ‘pure’ access cases. Infringement of a regulatory access obligation must be assessed under the general framework for abuse of dominance.

Rens Stegink

Junior Associate Amsterdam

Nathan van Rooijen

Associate Amsterdam

Joost van 't Hof

Junior Associate Amsterdam

Carl Wettinck

Senior Associate Brussels

The era of FDI screenings kicks off in Belgium

The Belgian screening mechanism for FDIs will enter into force on 1 July 2023. The mechanism is designed to safeguard Belgium's critical infrastructure and to protect sectors crucial to Belgium's public order, national security and strategic interests.

Abuse of economic dependence does not require contractual relationship

On 20 February 2025, the Belgian Supreme Court confirmed that under Belgian law an abuse of economic dependence may be found even in a situation where there is no contractual relationship between the companies involved.

C'est le ton qui fait la musique – The end of employer copyrights?

The CJEU decision in the National Orchestra of Belgium decision shakes up employer copyright in the Netherlands. With new consent and compensation requirements, are your employment contracts still airtight? Discover the implications of the decision here.

The long and (un)winding road of ‘killer acquisition’ Illumina/Grail

Crystal ball gazing into prospective innovation rat races when assessing vertical mergers may soon be all in a day’s work for the European Commission. Innovation was a recurring theme in the Commission’s handling of the Illumina/Grail deal.

If you have nothing nice to say…Teva fined heavily for abusive conduct

Dominant pharma companies had better watch their words and use the patent system wisely. Pharma company Teva was fined EUR 462.6 million for disparagement and ‘divisional gaming’ to delay market entry and hinder the uptake of a competing drug.

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